Blog - Page 16 of 18 - Daniel Law Offices, P.A.

20Aug 2020 by Pat Geddie

Recovering Damages for Patent Infringement

People and companies obtain patents to protect their inventions, formulas, and similar designs. Such protection is important because if others use your invention, you can lose money, and the other party can wrongfully gain from the misappropriation. Once you have a patent, you can take legal action to recover damages if someone infringes on your patent. So, what damages might be available in a patent infringement claim? This will depend on the details of the situation, though categories of possible damages include: Reasonable royalties - Generally, if someone is licensed to use your patent, they would pay you royalties in return for the license. Successful infringement claims can result in an award of reasonable royalties that reflect the fair market value of what the infringer would have paid for a…

05Jul 2020 by Pat Geddie

Machines Cannot be Inventors

Invention

Last year, a human filed a patent application for an invention, though this application was different because the inventor listed was not the human - it was a machine. The invention was called “Devices and Methods for Attracting Enhanced Attention,” and the inventor was a so-called creativity machine referred to as “DABUS Invention Generated by Artificial Intelligence. The man filing the application claimed he was the legal representative of DABUS, though he did not sign his own oath or declaration as inventors must do as part of the application. So, what happened to this application? Can a machine be an inventor and gain patent rights? As of now, the answer is “no,” since the United States Patent and Trademark Office (USPTO) denied the application. The applicant claimed that DABUS was…

01Jun 2020 by Pat Geddie

Patent Issues Regarding COVID-19 Vaccines

Patents

With the novel coronavirus threatening the lives of many Americans, as well as the crisis causing widespread economic damage, medical researchers across the country - and the world - are racing to develop a successful vaccine. When a company succeeds, how will they protect their formula? Patent Evaluation The patent process can take nearly two years to complete, and it requires no public disclosure of the development. However, it is imperative that various companies are able to mass-produce a vaccine so we can distribute it as soon as possible. Even the prioritized examination process takes up to 12 months. The United States Patent and Trademark Office (USPTO) announced a new pilot program in regard to COVID-19 developments that waives fees and aims to shorten the time period to six months.…

27Apr 2020 by Pat Geddie

What is a Patent Demand Letter?

Patents

If someone is suspected of infringing on patent rights, the first step is often to send them a demand letter. If done properly, a demand letter is often all you need to resolve the matter, especially if the letter comes from a patent lawyer in Orlando. There are different approaches when it comes to the demand letter, and this communication might include: Inquiries regarding the product in question and whether it includes a particular patent Offers to license the use of the patent as a jumping-off point of negotiations, which can prevent litigation and result in favorable licensing agreements A cease and desist letter that demands payments of royalties or discontinuation of the patent use When a demand letter comes from a patent attorney, it sends the message that the…

31Mar 2020 by Pat Geddie

What are Trade Secrets?

Trade Secrets

If you have an invention, design, or other information that is key to the success of your business, it is important to know that patents, trademarks, and copyrights are not your only options for intellectual property protections. Instead, you might be able to take certain steps to protect them as trade secrets. This means you do not have to disclose your design or formula to the public in order to obtain ownership protection. Trade secrets can involve physical devices, formulas, processes, ideas, patterns, and collections of information. In order to qualify as a trade secret, the information must: Provide you with a competitive advantage in your market Be handled in a manner that reasonably keeps the information confidential from competitors or the public If information meets the above criteria, it…

05Mar 2020 by Pat Geddie

Protecting Your Invention

Invention

Coming up with a new invention is an exciting time. You might know that you have a product that will be successful, but it is imperative that you take certain steps to protect your invention and ensure success. Two important steps include patenting your invention and trademarking your brand. Patents Applying for a patent can be a complex task. You first need to make sure that your invention is patentable before you go through the process. Often, even if your invention is patentable, your application can be denied due to insufficient supporting documents or information. Obtaining a patent takes time and resources, so you want to have proper legal assistance throughout this process. In many cases, inventors might obtain a provisional patent first to shop their product around, and might…

30Jan 2020 by Pat Geddie

Can You Trademark Something “Scandalous”?

Trademark

For decades, the Lanham Act prohibited trademarks that were “immoral” or “scandalous.” The law left it up to the U.S. Patent and Trademark Office (USPTO) to determine when an application involved a scandalous mark, and the USPTO would deny trademark applications accordingly. Now, however, an applicant has appealed his denial all the way to the Supreme Court of the United States (SCOTUS), and SCOTUS effectively struck down the ban on scandalous trademarks. In the case of Iancu v. Brunetti, a clothing designer appealed the repeated denial of his application to trademark the name of his clothing brand, which was the acronym F.U.C.T. The USPTO had been denying his applications since the 1990s based on “scandalous” content. SCOTUS, however, ruled in a 6-3 decision that the law banning immoral or scandalous…

30Dec 2019 by Pat Geddie

What is a Provisional Patent?

Uncategorized

When you create an invention or design, you likely want to protect your creation from misappropriation, which often involves obtaining a patent. The patent application process can be lengthy and costly, however, so many people fail to protect their idea. If you are not the first person to patent a design, you lose your opportunity to do so. In addition, you might not want to start a patent application because you do not know if your idea is marketable, whether you can afford to promote or produce it, and other reasons. The good news is that there is another option before you get a patent, which is called a provisional patent. Overview of Provisional Patents A provisional patent allows you to claim “patent pending” status before you obtain a full…

20Nov 2019 by Pat Geddie

Steps of the Patent Process

Patents

If you believe you need patent protection for a new invention you conceived, there are several steps of the process. It is important to have the assistance of a qualified patent lawyer in Florida every step of the way to increase your chances of success. Is a patent the right type of protection? First things first, you need to make sure that a patent is the appropriate form of intellectual property protection for your situation. There are other types of protections, including trademarks, copyrights, and trade secrets that might apply. Is your invention or idea patentable? The United States Patent and Trademark Office (USPTO) has strict guidelines under the law regarding what can qualify for a patent or not. First, you cannot patent something that is already patented or that…

16Oct 2019 by Pat Geddie

Patent Infringement Case Regarding Fitness Bikes

Patents

Fitness startup Peloton Interactive has achieved significant success in recent years with its in-home fitness bikes and video subscription that brings fitness classes into your living room. In early October, Peloton filed a lawsuit against a company called Echelon Fitness, claiming that Echelon is infringing on Peloton’s patent and affecting the company’s sales. Echelon sells similar fitness bikes for homes, as well as a subscription service. In addition, Peloton claims the following: Echelon produces cheap copycat bikes that are nowhere near the quality of the Peloton bike Echelon uses false comparisons to Pelaton in its advertising to convince customers they are getting the same product for a much better price (Echelon bikes start at $799 while the Peloton experience costs more than $2200) Peloton claims that because of Echelon’s deceptive…

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Recovering Damages for Patent Infringement

Machines Cannot be Inventors

Patent Issues Regarding COVID-19 Vaccines

What is a Patent Demand Letter?

What are Trade Secrets?

Protecting Your Invention

Can You Trademark Something “Scandalous”?

What is a Provisional Patent?

Steps of the Patent Process

Patent Infringement Case Regarding Fitness Bikes

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